United States Immigration and Customs Enforcement (ICE) agents are detaining and arresting “legal observers” using their vehicles to follow agents during federal immigration enforcement operations.
ICE is reportedly detaining and arresting thousands of Minnesota protestors under Title 18, Section 111 of the US Code, which prohibits citizens from interfering with a federal officer conducting official duties, according to Reuters. A recent trend began amongst protestors to follow ICE agents in their vehicles as “legal observers” of federal law enforcement operations following the deadly shootings of Renee Good and Alex Pretti in Minneapolis in January.
“When agitators willingly involve themselves and inject themselves in law enforcement operations, they are risking arrest as well as jeopardizing the safety of themselves and those around them,” Department of Homeland Security (DHS) spokesperson Tricia McLaughlin told Reuters.
The Trump administration charged at least 655 people using Title 18, which is double in comparison to the same period between 2024 and 2025, according to a Reuters review of federal court records.
The statute punishes those who “forcibly assaults, resists, opposes, impedes, intimidates, or interferes” with federal officials “engaged in…the performance of official duties.” Offenders face either an eight-year sentence for violating the statute or a 20-year maximum sentence in federal prison if they assault an officer using a deadly weapon or inflict bodily injury.
DHS and ICE did not respond to the Daily Caller News Foundation’s request for comment.
U.S. District Judge Kate Menendez of Minnesota issued an injunction in January preventing federal agents from stopping vehicles following them as long as the vehicles maintain a “safe” and “appropriate” distance, according to Politico. The Department of Homeland Security appealed Menendez’s ruling and the 8th US Circuit Court of Appeals blocked the injunction 10 days after its issuance, Reuters reported. The appellate court will decide whether to issue a long-term stay or restore the original ruling.
Menendez’s original injunction did not specify what an appropriate safe distance for following federal agents would be, according to Reuters.
Many protestors cite their First Amendment rights to justify their activities as “legal observers,” but legal experts state that “legal observers” have no special protections when interacting with law enforcement. While citizens have a legal right to observe and record law enforcement conduct in public, legal experts state this right does not extend to citizens purposefully obstructing law enforcement from performing their legal duties.
Anti-ICE protestors’ First Amendment Rights have been a topic of discussion following the arrests of former CNN host Don Lemon and other anti-ICE protestors who stormed a church during a service to protest the death of Renee Good. Lemon stated what he did was protected under the First Amendment as an “act of journalism” but Assistant Attorney General Harmeet Dhillon stated Lemon’s involvement violated federal laws that prohibits obstructing houses of worship and conspiracies against a person’s civil rights.
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